Fang v R [2018] NSWCCA 210

Fang v R [2018] NSWCCA 210

The trial judge did not err in declining to leave the defence of mental illness to the jury because, although the appellant was suffering from a drug-induced psychosis at the time of the stabbing, there was no admissible evidence from which it could be inferred that there was a reasonable possibility that the psychosis resulted from a disease of the mind or underlying pathological infirmity. Evidence that some persons who ingest drugs over a period of time may be vulnerable to developing psychosis was insufficient to establish mental illness for the purposes of the common law defence.

Jurisdiction
Australia
Judgment Date
28 September 2018
Procedural Posture
Criminal Conviction Appeal / Application for Leave to Appeal Against Conviction; Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['murder' 'defence of Mental Illness' 'drug Induced Psychosis' 'disease of the Mind' 'substantial Miscarriage of Justice' 'intoxication' 'leaving a Defence to the Jury']
['criminal Law' 'criminal Procedure' 'mental Health Law'] ['murder' 'defence of Mental Illness' 'drug Induced Psychosis' 'disease of the Mind' 'substantial Miscarriage of Justice' 'intoxication' 'leaving a Defence to the Jury']

Case Brief

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Procedural Posture

Criminal Conviction Appeal / Application for Leave to Appeal Against Conviction; Appeal

Legal Issues

  1. 1 ['Whether the trial judge erred in finding that the appellant had not adduced evidence that he was suffering from a disease of the mind for the purpose of the common law defence of mental illness.' 'Whether the trial judge erred in refusing to leave the defence of mental illness to the jury.' 'Whether any failure to leave the defence of mental illness to the jury resulted in a substantial miscarriage of justice.']

Ratio Decidendi

The trial judge did not err in declining to leave the defence of mental illness to the jury because, although the appellant was suffering from a drug-induced psychosis at the time of the stabbing, there was no admissible evidence from which it could be inferred that there was a reasonable possibility that the psychosis resulted from a disease of the mind or underlying pathological infirmity. Evidence that some persons who ingest drugs over a period of time may be vulnerable to developing psychosis was insufficient to establish mental illness for the purposes of the common law defence.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal.' 'Appeal dismissed.']